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    • Ahh, discussion thread. Thank whoever. Forgotten what the points were  now, I will read and get back later.
    • I have completed answers as noted above.   Name of the Claimant ?  IDEM Capital Securities Limited Date of issue – 12 Nov 2019   What is the claim for – the reason they have issued the claim? a)      A credit card agreement made between MBNA Europe Bank Limited and the cardholder b)     Claimant purchased the balance on the account on xx/2016 c)      Cardholder accrued balance £5500 d)     Cardholder defaulted on payments e)      Claimant issued formal demand requesting payment on xx/2019 f)       Amount now due £ 5500 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ?  Yes Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No Did you inform the claimant of your change of address? n/a What is the total value of the claim? £6000 (now including fees) Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account?  Credit Card Do you recall how you entered into the agreement...On line /In branch/By post ? By post When did you enter into the original agreement before or after April 2007 ? July 1995 Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? Yes Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim.  Debt Purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment?  Yes Did you receive a Default Notice from the original creditor?  Yes -though I am unable to find a copy Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?  Unsure Why did you cease payments? Advised to as there was no enforceable CCA What was the date of your last payment? Feb 2019 Was there a dispute with the original creditor that remains unresolved?  Unsure Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan?  Originally informed MBNA that we were in difficulty and arranged a payment plan with them, they later sold the debt to Britannia Sarl (?) and we continued with the same payments, this was then sold to Moorcroft and we again continued the same payments. At some point later we contacted Moorcroft to advise our circumstances had changed and we offered a lower payment.  We were asked for income and expenses which we didn’t provide as we had contacted a debt help organisation who helped us work out what we could afford, however we did receive a letter on another debt at the same time accepting a lower payment (the circumstances were exactly the same – MBNA debt, sold to Britannia, sold onto Moorcroft) We continued with the lower payments.  In the last year we discovered that all our other debts were no longer showing on our credit files but this one was showing as continual defaults month on month. We contacted IDEM to ask why and they said the previous DCA hadn’t agreed to the lower payment and therefore we were continuing to default. At this point I sought advice from CAG and they advised me to ask for the CCA. I received a photocopy of the original application form and a page of Terms and Conditions that I was advised by CAG were not a CCA and I should stop paying.   I further received a pre-action protocol which I completed and returned and in response I received a notice of assignment, account statement and default notice  as I had requested, but they ignored the fact that I said they had provided an unenforceable CCA.
    • Just to update no reply from Marston regarding letter no further visit as yet.    
    • said that many times already.   time to move on me thinks   dx
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why would I want to record the call?

 

That is the advice from this forum.

 

 

That is correct.


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spoke with baliffs and they want payment in full. wont entertain a payment plain.

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is there anybody out there? I can hear an echooooooooooooooooooooo!

 

Is there a paid part of the forum where advice is faster?

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is there anybody out there? I can hear an echooooooooooooooooooooo!

 

Is there a paid part of the forum where advice is faster?

 

No there isnt......if they wont accept a payment plan then you will have to settle in full.

 

http://www.collectica.co.uk/faqs/


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thanks, they cannot add any more fees though can they. ie if they was to turn up they have already put on that fee so they cant add it again?

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No need to once it settled and you have conformation.


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paid in full.

 

and today I have a letter from the historic team claiming a fine remains outstanding for just under 1k. Couldn't make this up!

 

'further steps notice' - letter dated 5 days ago and only just had it today. letter states 10 working days to respond. wow its already 5 days later and we are at the beginning of a bank holiday weekend.

 

phoned them.. on hold for 15 minutes then somebody picked the phone up and hung up. phoned back office closed.

 

I guess only option is to phone on tuesday and plead poverty?

Edited by learner121
update

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'Further steps notice' - letter dated 5 days ago and only just had it today. letter states 10 working days to respond. wow its already 5 days later and we are at the beginning of a bank holiday weekend.

 

You have a period of 10 'working days' to APPEAL the Further Steps Notice. I am assuming that the FSN had not been dated 19th August as that was a Sunday? I calculate that you have until Monday 4th September to appeal.

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I guess only option is to phone on tuesday and plead poverty?

 

That is not the case at all. You have the option to apply to the Magistrate Court for a Section 14 Statutory Declaration. Before doing so, you will need to find out more about the offence and most importantly.....whether or not any payments had been made against this fine. Please post back once you have called the court.

 

Further Steps Notices are 'time sensitive' and that is why I always suggest to people that if they experience difficulty getting through to court dealing with the case, that they instead send an email. When doing so, ensure that in the subject box to provide the following:

 

URGENT: Enquiry about a Further Steps Notice. Account number: xxxxxx.

Edited by honeybee13
'Clients' removed

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correct it was dated the monday.

 

Do I want to appeal this or just setup a payment plan?

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correct it was dated the monday.

 

Do I want to appeal this or just setup a payment plan?

 

You need to read my reply carefully. If you have grounds to do a Section 14 Statutory Declaration or pay £1,000, I know which method I would choose !!! A Stat Dec is the correct route, but you cannot make a choice until you know what the debt is for. Please post back once you have made the necessary enquiries.

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I know what this is for, its for the car incident that I originally posted about and when I phoned regarding the 1st 2.2k it was for different offences. That means I have already done a stat dec on this new case. I got the dates wrong so never actually turned up to court for the hearing.

 

I don't really feel like paying out 3k in one week though :oops:

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I know what this is for, its for the car incident that I originally posted about and when I phoned regarding the 1st 2.2k it was for different offences. That means I have already done a stat dec on this new case. I got the dates wrong so never actually turned up to court for the hearing.

 

I don't really feel like paying out 3k in one week though :oops:

 

It is still worthwhile speaking with the court to explain the error and asking whether they would allow a late Section 14 Statutory Declaration appointment. There is provision in the regulations to allow for this so it is worth exploring.

 

If the answer is no, then because the fine is still with the court, they would be wiling to allow you to settle the fine by monthly payments (a minimum of £5 per week).

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thanks! I called them and confirmed it was for what I thought it was. funnily enough they have had no confirmation from bailiffs that first amount has been paid in full. funny that!

 

they asked for payment in full I advised could not do. They said they could setup over 3 months. I asked for longer and they asked what I could afford a month (I suggested £100 a month) they then put me on hold while they made a cup of tea I presume. Then came back and said it had been agreed :lol:

 

I did not have card with me so will call back later to set it up. But got me thinking... I am in no was responsible for that debt and did not hit anybody's car (I even phoned the police my self when the incident happened) when it went to court originally I tried getting proof of said phone call and surprise surprise the police had no record of it.

 

I do not wish to go back to court however and cant stand them. I would rather drip feed the debt to save going there but I would like to do this as cheaply as possible. do they have to accept £5 week?

Edited by dx100uk
edit post put back from email dx

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post been deleted damn.

 

 

Ok spoke with them long story short will accept £100 month. do they have to accept a lower amount? how does it work guys?

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got the text you deleted from your email alert of a post

not sure why you went back in to edit it

 

dx


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I never got the email alert for my replies. just got an alert from yours though.

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you wont think about it...


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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